[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR59.130]

[Page 892-893]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 59--GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES--
Table of Contents
 
Sec. 59.130  General requirements for all State home facilities.

    As a condition for receiving a grant and grant funds under this 
part, States must comply with the requirements of this section.
    (a) The physical environment of a State home must be designed, 
constructed, equipped, and maintained to protect the health and safety 
of participants, personnel and the public.
    (b) A State home must meet the general conditions of the American 
Institute of Architects, or other general conditions required by the 
State, for awarding contracts for State home grant projects. Facilities 
must meet all Federal, State, and local requirements, including the 
Uniform Federal Accessibility Standards (UFAS) (24 CFR part 40, appendix 
A), during the design and construction of projects subject to this part. 
If the State or local requirements are different from the Federal 
requirements, compliance with the most stringent provisions is required. 
A State must design and construct the project to provide sufficient 
space and equipment in dining, health services, recreation, and program 
areas to enable staff to provide residents with needed services as 
required by this part and as identified in each resident's plan of care.
    (c) State homes should be planned to approximate the home atmosphere 
as closely as possible. The interior and exterior should provide an 
attractive and home-like environment for elderly residents. The site 
will be located in a safe, secure, residential-type area that is 
accessible to acute medical care facilities, community activities and 
amenities, and transportation facilities typical of the area.
    (d)(1) State homes must meet the applicable provisions of the 
National Fire Protection Association's NFPA 101, Life Safety Code (2000 
edition) and the NFPA 99, Standard for Health Care Facilities (1999 
edition). Incorporation by reference of these materials was approved by 
the Director of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. These materials, incorporated by reference, are 
available for inspection at the Office of the Federal Register, Suite 
700, 800 North Capitol Street, NW, Washington,

[[Page 893]]

DC, and the Department of Veterans Affairs, Office of Regulations 
Management (02D), Room 1154, 810 Vermont Avenue, NW, Washington, DC 
20420. Copies may be obtained from the National Fire Protection 
Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101. 
(For ordering information, call toll free 1-800-344-3555.)
    (2) Facilities must also meet the State and local fire codes.
    (e) State homes must have an emergency electrical power system to 
supply power adequate to operate all exit signs and lighting for means 
of egress, fire and medical gas alarms, and emergency communication 
systems. The source of power must be an on-site emergency standby 
generator of sufficient size to serve the connected load or other 
approved sources.
    (f) The nurse's station must be equipped to receive resident calls 
through a communication system from resident rooms, toilet and bathing 
facilities, dining areas, and activity areas.
    (g) The State home must have one or more rooms designated for 
resident dining and activities. These rooms must be:
    (1) Well lighted;
    (2) Well ventilated; and
    (3) Adequately furnished.
    (h) The facility management must provide a safe, functional, 
sanitary, and comfortable environment for the residents, staff and the 
public. The facility must:
    (1) Ensure that water is available to essential areas when there is 
a loss of normal water supply;
    (2) Have adequate outside ventilation by means of windows, or 
mechanical ventilation, or a combination of the two;
    (3) Equip corridors with firmly secured handrails on each side; and
    (4) Maintain an effective pest control program so that the facility 
is free of pests and rodents.

(Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137)